2010 Maryland Code
CRIMINAL LAW
TITLE 8 - FRAUD AND RELATED CRIMES
Subtitle 2 - Credit Card Crimes
Section 8-201 - Definitions.

§ 8-201. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 
   
Revisor's Note.

This subsection is standard language substituted for the introductory language of former Art. 27, § 145(a). 
 

The reference to "this subtitle" is substituted for the former reference to this "section", although this subtitle is derived, in part, from material outside former Art. 27, § 145. The only uses of the terms defined in this section in material that is not derived from former § 145 are either easily distinguishable from the defined term, as in the use of "telephone credit card" in § 8-210 derived from former Art. 27, § 557A, or are consistent with the definitions in this section, as in "credit card" and "issuer" in Part II of this subtitle, derived from former CL §§ 14-1401 through 14-1405. No substantive change is intended. 

(b)  Cardholder.- "Cardholder" means the person named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 145(a) (1). 
 

The former reference to an "organization" is deleted in light of the defined term "person". 
  Defined Terms.


 
"Person"                                                             § 1-101

(c)  Credit card.-  

(1) "Credit card" means an instrument or device issued by an issuer for the use of a cardholder in obtaining money, goods, services, or anything of value on credit. 

(2) "Credit card" includes: 

(i) a debit card, access card, or other device for use by a cardholder to effect a transfer of funds through an electronic terminal, telephone, or computer; 

(ii) a magnetic tape that orders or authorizes a financial institution to debit or credit an account; and 

(iii) a code, account number, or other means of account access that is not encoded or truncated and can be used to: 

1. obtain money, goods, services, or anything of value; or 

2. initiate a transfer of funds. 

(3) "Credit card" does not include a check, draft, or similar paper instrument. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 145(a) (2) and (5). 
 

In paragraph (2)(i) of this subsection, the reference to a device "for use by" a cardholder is substituted for the former reference to a device "used by" a cardholder for accuracy. The Criminal Law Article Review Committee calls this substitution to the attention of the General Assembly. 
 

Also in paragraph (2)(i) of this subsection, the former reference to "instructing" a financial institution is deleted as included in the reference to "order[ing]". 
 

The former term "payment device number" which was defined in former Art. 27, § 145(a) (5) is revised as part of the defined term "credit card", derived from former § 145(a) (2), because it was used once in former Art. 27, § 145 and only in the latter definition. The term "payment device number" in former Art. 27, § 145(a) (5) excluded an "encoded or truncated number", while the same term in former CL § 14-1401 - now in Part II of this subtitle - did not exclude them. Except as otherwise specifically provided, in Part II of this subtitle the explicit references to a "credit card number or payment device number" includes these encoded or truncated numbers. 

(d)  Issuer.- "Issuer" means a business organization or financial institution that issues a credit card or the authorized agent of the business organization or financial institution. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 145(a)(3). 
 

The second reference to "the business organization or financial institution" is substituted for the former word "its" for clarity. 
 

The former word "duly" is deleted as implicit in the reference to an "authorized" agent. 
 

[An. Code 1957, art. 27, § 145(a), (a)(1)-(3), (5); 2002, ch. 26, § 2.] 

 

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